Brent Cook v. Sletton
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [1000065580-2] Originating case number: 1:14-cv-01776-GBL-JFA Copies to all parties and the district court/agency. . Mailed to: Brent Cook. [17-1479]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
BRENT W. COOK,
Plaintiff - Appellant,
SLETTON, Officer/Officer at Pamunkey,
Defendant - Appellee,
PAMUNKEY REGIONAL JAIL, Housing Facility; JAMES WILLETT,
Colonel/CJM Superintendent; DORITY, Sgt; BERRY, Sgt,
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Claude M. Hilton, Senior District Judge. (1:14-cv-01776-GBL-JFA)
Submitted: October 19, 2017
Before NIEMEYER, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Decided: October 23, 2017
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Brent William Cook, Appellant Pro Se. Jeremy David Capps, David Patrick Corrigan,
George A. Somerville, HARMAN CLAYTOR CORRIGAN & WELLMAN, P.C.,
Richmond, Virginia; Kyle Reese Elliott, CITY ATTORNEY’S OFFICE, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Brent W. Cook seeks to appeal the district court’s order granting summary
judgment to Defendant Sletton on Cook’s 42 U.S.C. § 1983 (2012) complaint. We grant
Sletton’s motion to dismiss the appeal for lack of jurisdiction because the notice of appeal
was not timely filed.
Parties are accorded 30 days after the entry of the district court’s final judgment or
order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the
appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R.
App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional
requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).
The district court’s order was entered on the docket on February 3, 2017. The
notice of appeal was filed on March 21, 2017. Because Cook failed to file a timely notice
of appeal or to obtain an extension or reopening of the appeal period, we grant the motion
to dismiss the appeal. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
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